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Brewing up reasons

Accepted version
Peer-reviewed

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Type

Article

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Authors

Daly, P 

Abstract

IT is trite law that good reasons must be given to justify infringements of fundamental rights protected by the European Convention on Human Rights, as incorporated into domestic law by the Human Rights Act 1998. But what reasons can one count as good reasons? In Re Brewster's Application [2017] UKSC 8; [2017] 1 W.L.R. 519, the United Kingdom Supreme Court addressed the question of how much deference courts should afford to post hoc rationalisations of decisions challenged for non-compliance with the Convention. The answer given by Lord Kerr, with whom Lady Hale, Lord Wilson, Lord Reed and Lord Dyson agreed, is interesting in its own terms and may have implications outside the confines of the Convention.

Description

Keywords

4803 International and Comparative Law, 48 Law and Legal Studies, 4807 Public Law, 16 Peace, Justice and Strong Institutions

Journal Title

The Cambridge Law Journal

Conference Name

Journal ISSN

0008-1973
1469-2139

Volume Title

76

Publisher

Cambridge University Press